136 Ga. App. 181 - State v. Tate’s Empirical Analysis

Citation profile

12 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “When scrutinized, the seemingly incongruous decisions involving this issue merely reflect the unique factual context of each case. One frequently recurring situation involves a perjury prosecution following the defendant's trial and acquittal on another charge. If the particular testimony alleged to be false is as general and as broad as the charge of the crime, such as a general denial of guilty, an indictment for perjury is precluded by the jury's verdict of acquittal. Ehrlich v. United States, 145 F.2d 693 (5th Cir.1944); Youngblood v. United States, 266 F. 795 (8th Cir.1920); Chitwood v. United States, 178 F. 442 (8th Cir.1910). Thus, it has been held that following an acquittal of an adultery charge, the defendant could not be tried for perjury based upon his denial of engaging in sexual relations. Cooper v. Commonwealth, 106 Ky. 909 , 51 S.W. 789 [(1899)]. But an acquittal does not generally bar a perjury prosecution based upon a defendant's alibi assertion, since a jury may disbelieve his alibi testimony and still decline to convict him. Adams v. United States, 287 F.2d 701 (5th Cir.1961). "[T]he doctrine of collateral estoppel does not bar the perjury prosecution unless the issues of fact central to that prosecution were necessarily determined in the former trial. [Cits.] Unless the record of the prior proceeding affirmatively demonstrates that an issue involved in the second trial was definitely determined in the former trial (emphasis added), the possibility that it”

   1 later decision quote this exact passage
   e.g. State v. Bolden

2. “[T]he doctrine of collateral estoppel does not bar the perjury prosecution unless the issues of fact central to that prosecution were necessarily determined in the former trial. [Cits.] Unless the record of the prior proceeding affirmatively demonstrates that an issue involved in the second trial was definitely determined in the former trial (emphasis added), the possibility that it may have been does not prevent the relitigation of that issue. [Cit.]”

   1 later decision quote this exact passage
   e.g. State v. Bolden